In December 2013, the Rutherford Institute filed a federal lawsuit arguing that state officials in New Jersey violated a student’s First Amendment rights when they enforced the state’s anti-bullying statute against him for truthfully stating that another student had head lice. This week, the Institute filed a brief opposing the New Jersey Commissioner of Education’s motion to dismiss the case.

TRENTON, N.J., February 1, 2012—Following a state council’s ruling that New Jersey’s new anti-bullying law is an unfunded mandate in violation of the New Jersey Constitution, the Foundation for Individual Rights in Education (FIRE) notes that the law also violates college students’ First Amendment rights. The law ignores the fact that harassment in the educational context has a precise legal definition, crafted by the Supreme Court with specific attention to balancing the right to freedom of expression with the government’s interest in prohibiting real harassment. The law also conflicts with recent rulings on campus speech from the United States Court […]